Venue Flashcards

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0
Q

Residency and Venue

A

Where all D’s reside in the same state
P may lay venue in judicial district where any single D resides
As long as all reside in the same state

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1
Q

What Dictates Venue

A
  1. residency of potential defendants

2. location of events giving rise to lawsuit

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2
Q

Residency of corporations for purpose of venue

A

are residents of any judicial district where they are subject to personal jurisdiction

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3
Q

location of events - venue

A

Where D’s reside in multiple states venue is dictated by location of harm.

May lay venue where substantial part of event giving rise to action or substantial part of the property over which action is about.

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4
Q

Reasons for Transfer of Venue

A

Convenience
Agreement
Interest of Justice

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5
Q

Transfer for Convenience

A
  1. Case could have been filed there
  2. transfer necessary for convenience of parties or witnesses

Cannot transfer cases from federal court to other court systems

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6
Q

Transfer by Agreement

A

if all parties join in a request to transfer to a particular venue,
court may do so even if PJ and venue would be lacking

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7
Q

Transfer in the interest of justice

A

if P files suit in improper venue, court may dismiss or
‘in the interest of justice’ transfer case to a venue where case could have been filed originally

discretion of court

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8
Q

Forum Non Conveniens

A

Where most convenient court is not in US

Court dismisses without prejudice so P can refile abroad

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